Research On Agency System

Agency system is a fundamental system of civil and commercial law. It is an inevitable occurrence of social development while embodies the high development of commodity economy on law. Agency system is set up for broadening the territory of civil subject, encouraging the deals and improving the efficiency of business, which has been a very practical and effective way in economy society, especially in marketing economy society.The rapid development of marketing economy certainly will make a deficiency in many civil activities on law. If we just take account of self-interests instead of the interests and security of counterpart, it will absolutely trap the counterpart into an adverse place. So, comes out the agency system.Apparent agency is legislated to protect security of business and interests of counterpart on its purpose. Under the regulations of law, not only does it put the agency into good action, but also improves the efficiency of business. The establishment of apparent agency protects interests of counterpart in good faith while it also supervises and urges the self-party in his self-discipline and intensification of management to protect self's rights and interests.In civil agency law system, apparent agency is not a type easy to define. There are always some divarications on its definition, which has an effect on the application of apparent agency to a justice practice. The paper tries to discuss apparent agency from three scopes that analysis of its essential elements in constitution, the effect of character and definition on its essential elements in constitution of apparent agency and the influence of which on its validity.First of all is an effect of the character and definition of apparent agency on its essential elements in constitution and an effect of constitution on its validity. Through clarification of its character, this paper, which analyses the scope of application for apparent agency in the round, emphatically explains that it is an entitled agency or not, the agency activity is individual or contractual, and the independence, cause and non-cause of commission. The paper also reveals the mistakes in the past cognition, that is, German civil law is not the real origin of apparent agency on civil law system. It also points out the authorized agency is actually regulated after agency system's extinction in civil law of Germany while it is easy to cognize apparent agency if ascribed to the authorized one. Hereon, I still make comments on the various theories in the first part and in my opinion, the theory of unitary element is inclined to the legislative purpose of apparent agency despite of its imperfections in theory.Second is to analyze the essential elements of apparent agency in its constitution, diversified theories of which are especially clarified.I. Is the essential element in constitution of apparent agency exclusive? There are monism and pluralism in the academe.II. Does the self's subjective negligence make a necessary condition of the essential of apparent agency in its constitution? There are theories of unitary element, diplex element and eclectic element in the academe. The theory of unitary element is accepted by the current Contract Law in our country while the diplex one has supporters of wide scope. The theory of eclectic element tries to make congruity between the oil and vinegar.Third is the validity of apparent agency. This paper emphasizes on the effect of three subjects of apparent agency—self-party, the counterpart and the unentitled proxy. I suggest that apparent agency should be valid for the self-party as an entitled one, not a positive option to the counterpart.In the end of tags, the whole article is generalized and implies the early"Civil Code".